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Standard 2.1.1 of Annex2 to the Chicago Convention provides that the rules of the air shall apply to aircraft bearing the nationality and registration marks of a Contracting State, wherever they may be, to the extent that they do not con.ict with the rules publishedby the State having jurisdiction over the territory over-.own.460 The operation of an aircraft either in .ight or on the movement area of an aerodrome shall be in compliance with the general rules and, in addition, when in .ight, either with: visual .ight rules (VFR); or the instrument .ight rules (IFR).461 Standard 2.3.1 further provides that the pilot-in-command of an aircraft shall, whether manipulating the controls or not, be responsible for the operation of the aircraft in accordance with the rules of the air, except that the pilot-in-command
of the Air in the .rst part of Doc 2010, published in February 1946. The RAC Division, at its second session in December 1946 – January 1947, reviewed Doc 2010 and proposed Standards and Recommended Practices for the Rules of the Air. These were adopted by the Council as Standards and Recommended Practices relating to Rules of the Air on 15 April 1948, pursuant to Article 37 of the Convention on International Civil Aviation (Chicago, 1944) and designated as Annex 2 to the Convention with the title International Standards and Recommended Practices – Rules of the Air. They became effective on 15 September 1948. On 27 November 1951, the Council adopted a complete new text of the Annex, which no longer contained Recommended Practices. The Standards of the amended Annex 2 (Amendment 1) became effective on 1 April 1952 and applicable on 1 September 1952.
460The Council of the International Civil Aviation Organization resolved, in adopting Annex2 in April 1948 and Amendment 1 to the said Annex in November 1951, that the Annex constitutes Rules relating to the .ight and manoeuvre of aircraft within the meaning of Article 12 of the Convention. Over the high seas, therefore, these rules apply without exception.
461Information relevant to the services provided to aircraft operating in accordance with both visual .ight rules and instrument .ight rules in the seven ATS airspace classes is contained in 2.6.1 and 2.6.3 of Annex 11.Apilot may elect to .y in accordance with instrument .ight rules in visual meteorological conditions or may be required to do so by the appropriate ATS authority.
may depart from these rules in circumstances that render such departure absolutely necessary in the interests of safety.
III. Air Traf.c Services
The provision of air traf.c services462 is addressed in Annex 11 to the Chicago Convention which provides in limine that Contracting States shall determine, in accordance with the provisions of the Annex and for the territories over which they have jurisdiction, those portions of the airspace and those aerodromes where air traf.c services will be provided. They shall thereafter arrange for such services to be established and provided in accordance with the provisions of this Annex, except that, by mutual agreement, a State may delegate to another State the responsibility for establishing and providing air traf.c services in .ight information regions, control areas or control zones extending over the territories of the former.463
The Standards and Recommended Practices in Annex 11, together with the Standards in Annex 2, govern the application of the Procedures for Air Navigation Services – Air Traf.c Management464 andthe Regional Supplementary Procedures – Rules of the Air and Air Traf.c Services, contained in Doc 7030, Annex 11 pertains to the establishment of airspace, units and services necessary to promote a safe, orderly and expeditious .ow of air traf.c. A clear distinction is made between air traf.c control service, .ight information service and alerting service. Its purpose, together with Annex 2, is to ensure that .ying on international air routes is carried out under uniform conditions designed to improve the safety and ef.ciency of air operation.
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Aviation Security Law 航空安全法(126)
